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Courts

» Juvenile

Juvenile Courts

Introduction

The Juvenile Division investigates and tries cases concerning juveniles aged twelve and older but less than eighteen and children under twelve years of age. This Branch has established a "Committee of Juvenile Assistance and Guidance Foundation" and signed a charter to "protect the tender seedlings of the nation." The court hopes to increase the number of enthusiastic individuals who are willing to give kind protection to juveniles in the society.

Judges of the Juvenile Division take charge of the cases in which juveniles twelve years of age and above, as well as children under twelve commit crimes. It also deals with cases involving juveniles who are likely to commit offenses, as described by law. During the hearings, the juveniles or children must be accompanied by their legal agents. The probation officer who arranges pre-trial investigation shall appear and express his/her opinion to the court. Judges and court clerks may wear no official uniforms. The hearings are not open to the public; however, relatives of the juveniles and other appropriate people may be permitted to attend.

Since juveniles can be reformed, the principle of the division is "better to teach than to punish." If a Juvenile Division judge considers it appropriate to impose a penalty on a juvenile, he/her may transfer the cases to the public prosecutor for investigation. These cases are taken only when the juvenile is over fourteen and has committed a serious or specific crime, such as theft, receiving stolen property, causing injury, interference with public functions, etc. The Juvenile Division handles all other cases as reformatory cases, and juveniles are referred to their legal agents for intensive education and care or given one of the following three punishments if necessary: 1. reprimand, and guide and assistance on holidays and vacations; 2. probation; 3. reformatory education. In addition to these measures, compulsory or medical treatment may also be imposed.

The Juvenile Division has a Probation Officer's Office. Probation officers execute probation affairs, including pre-trial investigation, observation, probation, and guide and assistance on holidays and vacations. In accordance with judges¡¦ dispositions, juveniles and children shall report to the probation officers and receive group or individual counseling to help them live a new life.

Procedures

The proceeding of a juvenile case is conducted in the juvenile court. Juvenile offenders could appear in the court with their parents. A probation officer should present persistence investigation in the court and express recommendations for the judge to make a suitable disposition. A juvenile delinquent who commits a serious offense should be transferred to the criminal court. If the juvenile court deems that the offense is of a trivial nature, the juvenile case will be practiced by the procedure of reformation matters The juvenile offender will be treated by one of three rehabilitative measures as follows: (1)reprimand or with guidance on holidays if needed, (2)probation, (3)reformatory education in a reformatory educational institution. Guidance to juvenile offenders on holidays and probationer's surveillance are conducted in a group or individual method by probation officers.

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